SSB 5540 -
By Committee on Transportation
ADOPTED 04/05/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature recognizes that the safe
transportation of children to and from school is a shared
responsibility of the school district and the driving public. In order
to increase public awareness of their responsibility, it is the intent
of the legislature that the state superintendent of public instruction
coordinate with school districts and any other relevant agencies who
voluntarily choose to participate in a national stop arm violation day
annually between March 1st and May 15th.
NEW SECTION. Sec. 2 A new section is added to chapter 46.63 RCW
to read as follows:
(1) School districts may install and operate automated school bus
safety cameras on school buses to be used for the detection of
violations of RCW 46.61.370(1) if the use of the cameras is approved by
a vote of the school district board of directors. School districts are
not required to take school buses out of service if the buses are not
equipped with automated school bus safety cameras or functional
automated safety cameras. Further, school districts shall be held
harmless from and not liable for any criminal or civil liability
arising under the provisions of this section.
(a) Automated school bus safety cameras may only take pictures of
the vehicle and vehicle license plate and only while an infraction is
occurring. The picture must not reveal the face of the driver or of
passengers in the vehicle.
(b) A notice of infraction must be mailed to the registered owner
of the vehicle within fourteen days of the violation, or to the renter
of a vehicle within fourteen days of establishing the renter's name and
address under subsection (2)(a)(i) of this section. The law
enforcement officer issuing the notice of infraction shall include a
certificate or facsimile of the notice, based upon inspection of
photographs, microphotographs, or electronic images produced by an
automated school bus safety camera, stating the facts supporting the
notice of infraction. This certificate or facsimile is prima facie
evidence of the facts contained in it and is admissible in a proceeding
charging a violation under this chapter. The photographs,
microphotographs, or electronic images evidencing the violation must be
available for inspection and admission into evidence in a proceeding to
adjudicate the liability for the infraction. A person receiving a
notice of infraction based on evidence detected by an automated school
bus safety camera may respond to the notice by mail.
(c) The registered owner of a vehicle is responsible for an
infraction under RCW 46.63.030(1)(e) unless the registered owner
overcomes the presumption in RCW 46.63.075, or, in the case of a rental
car business, satisfies the conditions under subsection (2) of this
section. If appropriate under the circumstances, a renter identified
under subsection (2)(a)(i) of this section is responsible for an
infraction.
(d) Notwithstanding any other provision of law, all photographs,
microphotographs, or electronic images prepared under this section are
for the exclusive use of law enforcement in the discharge of duties
under this section and are not open to the public and may not be used
in a court in a pending action or proceeding unless the action or
proceeding relates to a violation under this section. No photograph,
microphotograph, or electronic image may be used for any purpose other
than enforcement of violations under this section nor retained longer
than necessary to enforce this section.
(e) If a school district installs and operates an automated school
bus safety camera under this section, the compensation paid to the
manufacturer or vendor of the equipment used must be based only upon
the value of the equipment and services provided or rendered in support
of the system, and may not be based upon a portion of the fine or civil
penalty imposed or the revenue generated by the equipment. Further,
any repair, replacement, or administrative work costs related to
installing or repairing automated school bus safety cameras must be
solely paid for by the manufacturer or vender of the cameras. Before
entering into a contract with the manufacturer or vendor of the
equipment used under this subsection (1)(e), the school district must
follow the competitive bid process as outlined in RCW 28A.335.190(1).
(f) Any revenue collected from infractions detected through the use
of automated school bus safety cameras, less the administration and
operating costs of the cameras, must be remitted to school districts
for school zone safety projects as determined by the school district
using the automated school bus safety cameras. The administration and
operating costs of the cameras includes infraction enforcement and
processing costs that are incurred by local law enforcement or local
courts.
(2)(a) If the registered owner of the vehicle is a rental car
business, the law enforcement agency shall, before a notice of
infraction is issued under this section, provide a written notice to
the rental car business that a notice of infraction may be issued to
the rental car business if the rental car business does not, within
eighteen days of receiving the written notice, provide to the issuing
agency by return mail:
(i) A statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the
infraction occurred;
(ii) A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time the
infraction occurred because the vehicle was stolen at the time of the
infraction. A statement provided under this subsection (2)(a)(ii) must
be accompanied by a copy of a filed police report regarding the vehicle
theft; or
(iii) In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty.
(b) Timely mailing of a statement under this subsection to the
issuing law enforcement agency relieves a rental car business of any
liability under this chapter for the notice of infraction.
(3) For purposes of this section, "automated school bus safety
camera" means a device that is affixed to a school bus that is
synchronized to automatically record one or more sequenced photographs,
microphotographs, or electronic images of the rear of a vehicle at the
time the vehicle is detected for an infraction identified in RCW
46.61.370(1).
Sec. 3 RCW 46.61.370 and 1997 c 80 s 1 are each amended to read
as follows:
(1) The driver of a vehicle upon overtaking or meeting from either
direction any school bus which has stopped on the roadway for the
purpose of receiving or discharging any school children shall stop the
vehicle before reaching such school bus when there is in operation on
said school bus a visual signal as specified in RCW 46.37.190 and said
driver shall not proceed until such school bus resumes motion or the
visual signals are no longer activated.
(2) The driver of a vehicle upon a highway divided into separate
roadways as provided in RCW 46.61.150 need not stop upon meeting a
school bus which is proceeding in the opposite direction and is stopped
for the purpose of receiving or discharging school children.
(3) The driver of a vehicle upon a highway with three or more
marked traffic lanes need not stop upon meeting a school bus which is
proceeding in the opposite direction and is stopped for the purpose of
receiving or discharging school children.
(4) The driver of a school bus shall actuate the visual signals
required by RCW 46.37.190 only when such bus is stopped on the roadway
for the purpose of receiving or discharging school children.
(5) The driver of a school bus may stop completely off the roadway
for the purpose of receiving or discharging school children only when
the school children do not have to cross the roadway. The school bus
driver shall actuate the hazard warning lamps as defined in RCW
46.37.215 before loading or unloading school children at such stops.
(6) Except as provided in subsection (7) of this section, a person
found to have committed an infraction of subsection (1) of this section
shall be assessed a monetary penalty equal to twice the total penalty
assessed under RCW 46.63.110. This penalty may not be waived, reduced,
or suspended. Fifty percent of the money so collected shall be
deposited into the school zone safety account in the custody of the
state treasurer and disbursed in accordance with RCW 46.61.440(((3)))
(5).
(7) An infraction of subsection (1) of this section detected
through the use of an automated school bus safety camera under section
2 of this act is not a part of the registered owner's driving record
under RCW 46.52.101 and 46.52.120, and must be processed in the same
manner as parking infractions, including for the purposes of RCW
3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3). However, the amount
of the fine issued for a violation of this section detected through the
use of an automated school bus safety camera shall not exceed twice the
monetary penalty for a violation of this section as provided under RCW
46.63.110.
Sec. 4 RCW 46.63.030 and 2007 c 101 s 1 are each amended to read
as follows:
(1) A law enforcement officer has the authority to issue a notice
of traffic infraction:
(a) When the infraction is committed in the officer's presence;
(b) When the officer is acting upon the request of a law
enforcement officer in whose presence the traffic infraction was
committed;
(c) If an officer investigating at the scene of a motor vehicle
accident has reasonable cause to believe that the driver of a motor
vehicle involved in the accident has committed a traffic infraction;
(d) When the infraction is detected through the use of a photo
enforcement system under RCW 46.63.160; ((or))
(e) When the infraction is detected through the use of an automated
school bus safety camera under section 2 of this act; or
(f) When the infraction is detected through the use of an automated
traffic safety camera under RCW 46.63.170.
(2) A court may issue a notice of traffic infraction upon receipt
of a written statement of the officer that there is reasonable cause to
believe that an infraction was committed.
(3) If any motor vehicle without a driver is found parked,
standing, or stopped in violation of this title or an equivalent
administrative regulation or local law, ordinance, regulation, or
resolution, the officer finding the vehicle shall take its registration
number and may take any other information displayed on the vehicle
which may identify its user, and shall conspicuously affix to the
vehicle a notice of traffic infraction.
(4) In the case of failure to redeem an abandoned vehicle under RCW
46.55.120, upon receiving a complaint by a registered tow truck
operator that has incurred costs in removing, storing, and disposing of
an abandoned vehicle, an officer of the law enforcement agency
responsible for directing the removal of the vehicle shall send a
notice of infraction by certified mail to the last known address of the
person responsible under RCW 46.55.105. The notice must be entitled
"Littering -- Abandoned Vehicle" and give notice of the monetary penalty.
The officer shall append to the notice of infraction, on a form
prescribed by the department of licensing, a notice indicating the
amount of costs incurred as a result of removing, storing, and
disposing of the abandoned vehicle, less any amount realized at
auction, and a statement that monetary penalties for the infraction
will not be considered as having been paid until the monetary penalty
payable under this chapter has been paid and the court is satisfied
that the person has made restitution in the amount of the deficiency
remaining after disposal of the vehicle.
Sec. 5 RCW 46.63.030 and 2010 c 249 s 5 are each amended to read
as follows:
(1) A law enforcement officer has the authority to issue a notice
of traffic infraction:
(a) When the infraction is committed in the officer's presence;
(b) When the officer is acting upon the request of a law
enforcement officer in whose presence the traffic infraction was
committed;
(c) If an officer investigating at the scene of a motor vehicle
accident has reasonable cause to believe that the driver of a motor
vehicle involved in the accident has committed a traffic infraction;
((or))
(d) When the infraction is detected through the use of an automated
traffic safety camera under RCW 46.63.170; or
(e) When the infraction is detected through the use of an automated
school bus safety camera under section 2 of this act.
(2) A court may issue a notice of traffic infraction upon receipt
of a written statement of the officer that there is reasonable cause to
believe that an infraction was committed.
(3) If any motor vehicle without a driver is found parked,
standing, or stopped in violation of this title or an equivalent
administrative regulation or local law, ordinance, regulation, or
resolution, the officer finding the vehicle shall take its registration
number and may take any other information displayed on the vehicle
which may identify its user, and shall conspicuously affix to the
vehicle a notice of traffic infraction.
(4) In the case of failure to redeem an abandoned vehicle under RCW
46.55.120, upon receiving a complaint by a registered tow truck
operator that has incurred costs in removing, storing, and disposing of
an abandoned vehicle, an officer of the law enforcement agency
responsible for directing the removal of the vehicle shall send a
notice of infraction by certified mail to the last known address of the
person responsible under RCW 46.55.105. The notice must be entitled
"Littering -- Abandoned Vehicle" and give notice of the monetary penalty.
The officer shall append to the notice of infraction, on a form
prescribed by the department of licensing, a notice indicating the
amount of costs incurred as a result of removing, storing, and
disposing of the abandoned vehicle, less any amount realized at
auction, and a statement that monetary penalties for the infraction
will not be considered as having been paid until the monetary penalty
payable under this chapter has been paid and the court is satisfied
that the person has made restitution in the amount of the deficiency
remaining after disposal of the vehicle.
Sec. 6 RCW 46.63.075 and 2005 c 167 s 3 are each amended to read
as follows:
(1) In a traffic infraction case involving an infraction detected
through the use of a photo enforcement system under RCW 46.63.160,
((or)) detected through the use of an automated traffic safety camera
under RCW 46.63.170, or detected through the use of an automated school
bus safety camera under section 2 of this act, proof that the
particular vehicle described in the notice of traffic infraction was in
violation of any such provision of RCW 46.63.160 or 46.63.170, together
with proof that the person named in the notice of traffic infraction
was at the time of the violation the registered owner of the vehicle,
constitutes in evidence a prima facie presumption that the registered
owner of the vehicle was the person in control of the vehicle at the
point where, and for the time during which, the violation occurred.
(2) This presumption may be overcome only if the registered owner
states, under oath, in a written statement to the court or in testimony
before the court that the vehicle involved was, at the time, stolen or
in the care, custody, or control of some person other than the
registered owner.
Sec. 7 RCW 46.63.075 and 2010 c 249 s 7 are each amended to read
as follows:
(1) In a traffic infraction case involving an infraction detected
through the use of an automated traffic safety camera under RCW
46.63.170 or detected through the use of an automated school bus safety
camera under section 2 of this act, proof that the particular vehicle
described in the notice of traffic infraction was in violation of any
such provision of RCW 46.63.170, together with proof that the person
named in the notice of traffic infraction was at the time of the
violation the registered owner of the vehicle, constitutes in evidence
a prima facie presumption that the registered owner of the vehicle was
the person in control of the vehicle at the point where, and for the
time during which, the violation occurred.
(2) This presumption may be overcome only if the registered owner
states, under oath, in a written statement to the court or in testimony
before the court that the vehicle involved was, at the time, stolen or
in the care, custody, or control of some person other than the
registered owner.
Sec. 8 RCW 46.16A.120 and 2010 c 161 s 430 are each amended to
read as follows:
(1) Each court and government agency located in this state having
jurisdiction over standing, stopping, and parking violations, the use
of a photo enforcement system under RCW 46.63.160, ((and)) the use of
automated traffic safety cameras under RCW 46.63.170, and the use of
automated school bus safety cameras under section 2 of this act may
forward to the department any outstanding:
(a) Standing, stopping, and parking violations;
(b) Photo enforcement infractions issued under RCW 46.63.030(1)(d);
((and))
(c) Automated traffic safety camera infractions issued under RCW
46.63.030(1)(((e))) (f); and
(d) Automated school bus safety camera infractions issued under RCW
46.63.030(1)(e).
(2) Violations and infractions described in subsection (1) of this
section must be reported to the department in the manner described in
RCW 46.20.270(3).
(3) The department shall:
(a) Record the violations and infractions on the matching vehicle
records; and
(b) Send notice approximately one hundred twenty days in advance of
the current vehicle registration expiration date to the registered
owner listing the dates and jurisdictions in which the violations
occurred, the amounts of unpaid fines and penalties, and the surcharge
to be collected. Only those violations and infractions received by the
department one hundred twenty days or more before the current vehicle
registration expiration date will be included in the notice.
Violations and infractions received by the department later than one
hundred twenty days before the current vehicle registration expiration
date that are not satisfied will be delayed until the next vehicle
registration expiration date.
(4) The department, county auditor or other agent, or subagent
appointed by the director shall not renew a vehicle registration if
there are any outstanding standing, stopping, and parking violations,
and other infractions issued under RCW 46.63.030(1)(d) for the vehicle
unless:
(a) The outstanding((,)) standing, (([stopping,])) stopping, or
parking violations were received by the department within one hundred
twenty days before the current vehicle registration expiration;
(b) There is a change in registered ownership; or
(c) The registered owner presents proof of payment of each
violation and infraction provided in this section and the registered
owner pays the surcharge required under RCW 46.17.030.
(5) The department shall:
(a) Forward a change in registered ownership information to the
court or government agency who reported the outstanding violations or
infractions; and
(b) Remove the outstanding violations and infractions from the
vehicle record.
Sec. 9 RCW 46.16A.120 and 2010 c 249 s 10 are each amended to
read as follows:
(((1) To renew a vehicle license, an applicant shall satisfy all
listed standing, stopping, and parking violations, and civil penalties
issued under RCW 46.63.160 for the vehicle incurred while the vehicle
was registered in the applicant's name and forwarded to the department
pursuant to RCW 46.20.270(3). For the purposes of this section,
"listed" standing, stopping, and parking violations, and civil
penalties issued under RCW 46.63.160 include only those violations for
which notice has been received from state or local agencies or courts
by the department one hundred twenty days or more before the date the
vehicle license expires and that are placed on the records of the
department. Notice of such violations received by the department later
than one hundred twenty days before that date that are not satisfied
shall be considered by the department in connection with any
applications for license renewal in any subsequent license year. The
renewal application may be processed by the department or its agents
only if the applicant:))
(a) Presents a preprinted renewal application showing no listed
standing, stopping, or parking violations, or civil penalties issued
under RCW 46.63.160, or in the absence of such presentation, the agent
verifies the information that would be contained on the preprinted
renewal application; or
(b) If listed standing, stopping, or parking violations, or civil
penalties issued under RCW 46.63.160 exist, presents proof of payment
and pays a fifteen dollar surcharge.
(2) The surcharge shall be allocated as follows:
(a) Ten dollars shall be deposited in the motor vehicle fund to be
used exclusively for the administrative costs of the department of
licensing; and
(b) Five dollars shall be retained by the agent handling the
renewal application to be used by the agent for the administration of
this section.
(3) If there is a change in the registered owner of the vehicle,
the department shall forward the information regarding the change to
the state or local charging jurisdiction and release any hold on the
renewal of the vehicle license resulting from parking violations or
civil penalties issued under RCW 46.63.160 incurred while the
certificate of license registration was in a previous registered
owner's name.
(4) The department shall send to all registered owners of vehicles
who have been reported to have outstanding listed parking violations or
civil penalties issued under RCW 46.63.160, at the time of renewal, a
statement setting out the dates and jurisdictions in which the
violations occurred as well as the amounts of unpaid fines and
penalties relating to them and the surcharge to be collected.
(1) Each court and government agency located in this state having
jurisdiction over standing, stopping, and parking violations, the use
of a photo toll system under RCW 46.63.160, the use of automated
traffic safety cameras under RCW 46.63.170, and the use of automated
school bus safety cameras under section 2 of this act may forward to
the department any outstanding:
(a) Standing, stopping, and parking violations;
(b) Civil penalties for toll nonpayment detected through the use of
photo toll systems issued under RCW 46.63.160;
(c) Automated traffic safety camera infractions issued under RCW
46.63.030(1)(d); and
(d) Automated school bus safety camera infractions issued under RCW
46.63.160(1)(e).
(2) Violations, civil penalties, and infractions described in
subsection (1) of this section must be reported to the department in
the manner described in RCW 46.20.270(3).
(3) The department shall:
(a) Record the violations, civil penalties, and infractions on the
matching vehicle records; and
(b) Send notice approximately one hundred twenty days in advance of
the current vehicle registration expiration date to the registered
owner listing the dates and jurisdictions in which the violations,
civil penalties, and infractions occurred, the amounts of unpaid fines
and penalties, and the surcharge to be collected. Only those
violations, civil penalties, and infractions received by the department
one hundred twenty days or more before the current vehicle registration
expiration date will be included in the notice. Violations, civil
penalties, and infractions received by the department later than one
hundred twenty days before the current vehicle registration expiration
date that are not satisfied will be delayed until the next vehicle
registration expiration date.
(4) The department, county auditor or other agent, or subagent
appointed by the director shall not renew a vehicle registration if
there are any outstanding standing, stopping, and parking violations,
and other civil penalties issued under RCW 46.63.160 for the vehicle
unless:
(a) The outstanding standing, stopping, or parking violations and
civil penalties were received by the department within one hundred
twenty days before the current vehicle registration expiration;
(b) There is a change in registered ownership; or
(c) The registered owner presents proof of payment of each
violation, civil penalty, and infraction provided in this section and
the registered owner pays the surcharge required under RCW 46.17.030.
(5) The department shall:
(a) Forward a change in registered ownership information to the
court or government agency who reported the outstanding violations,
civil penalties, or infractions; and
(b) Remove the outstanding violations, civil penalties, and
infractions from the vehicle record.
NEW SECTION. Sec. 10 Sections 5, 7, and 9 of this act take
effect upon certification by the secretary of transportation that the
new statewide tolling operations center and photo toll system are fully
operational. A notice of certification must be filed with the code
reviser for publication in the state register. If a certificate is not
issued by the secretary of transportation by December 1, 2012, sections
5, 7, and 9 of this act are null and void."
Correct the title.
EFFECT: (1) Requires a vote of the school district board of
directors to approve the use of automated school bus safety cameras
before a school district may install and operate the cameras to detect
vehicles that fail to stop for a school bus that displays a stop
signal.
(2) Allows revenue collected from infractions detected through the
use of automated school bus safety cameras to be used for infraction
enforcement and processing costs incurred by local law enforcement or
local courts.
(3) Allows the monetary penalty for failure to stop for a school
bus that displays a stop signal to be up to twice the amount permitted
under the penalty schedule when the infraction is generated by an
automated school bus safety camera.